Explanation
Background: In 2007, the City of Columbus, Ohio ("City"), transferred properties in fee title, which are located in and around Bolton Airport, to the Columbus Regional Airport Authority ("CRAA"). The City's deed contained use restrictions limiting the use of these properties to airport related uses. Now CRAA desires to sell a 60.282 acre tract of real property (legal description depicted in the attachment, Exhibit A), which is subject to the City's use restrictions, to MSC Industrial Direct Co. for its new Customer Fulfillment Center. City Council previously authorized a Job Creation Tax Credit, Ordinance № 1665-2012, and real property tax abatement, Ordinance № 1668-2012, for this new development. To permit commercial development, the City must release the airport use restrictions on this 60.282 acre tract. Therefore, the following legislation authorizes the Director of the Department of Finance and Management to execute those documents necessary to release and discharge the City's use restrictions relating to only 60.282 acre tract of real property, but subject to the Federal Aviation Administration's approval.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested in order to not delay the benefit to the City resulting from development proposed by MSC Industrial Direct Co., which will preserve the public peace, health, property, safety, and welfare.
Title
To authorize the Director of the Department of Finance and Management to execute those documents necessary to release use restrictions on a 60.282 acre tract of real property in the recorded Quitclaim Deed to the Columbus Regional Airport Authority , Instrument № 200712310221193, Recorder's Office, Franklin County, Ohio; and to declare an emergency.
Body
WHEREAS, the City of Columbus, Ohio, restricted the use of all the real property granted to the Columbus Regional Airport Authority ("CRAA") to airport related uses, as recorded in the Quitclaim Deed, Instrument № 200712310221193, Recorder's Office, Franklin County, Ohio (the "Quit Claim Deed"); and
WHEREAS, now the CRAA requests for the City to release and discharge the use restrictions on a 60.282 acre tract of real property to be transferred by the CRAA to facilitate economic development by MSC Industrial Direct Co.; and
WHEREAS, it is necessary to authorize the Department of Finance and Management to release and discharge the use restrictions in order to permit commercial development of the tract; and
WHEREAS, an emergency exists in the usual daily operations of the City, in that it is immediately necessary to release and discharge the use restrictions on the 60.282 acres of the real property transferred in the Quitclaim Deed in order to allow the sale by CRAA and the subsequent redevelopment of the tract by MSC Industrial Direct Co., for the immediate preservation of the public peace, health, property, safety, and welfare; NOW, THEREFORE:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
SECTION 1. The Director of the Department Finance and Management, subject to approval by the Federal Aviation Administration of the proposed sale by the Columbus Regional Airport Authority, is hereby authorized to execute those documents, approved by the Columbus City Attorney, Real Estate Division, necessary to release and discharge use restrictions on a 60.282 acre tract of real property described in the attached Exhibit A, which was previously granted to the Columbus Regional Airport Authority, in the Quitclaim Deed recorded as Instrument № 200712310221193, Recorder's Office, Franklin County, Ohio.
SECTION 2. That for the reasons stated in the preamble, which is made a part of this ordinance, this ordinance is declared to be an emergency measure and shall take effect and be in force after its passage and approval by the Mayor or ten days after its passage if the Mayor neither approves nor vetoes the same.